Maharashtra Rent Control Act, 1999

The appellants, who bought a building in 1992, sought to evict two tenants after a municipal demolition notice was issued in 2002, invoking sections of the Maharashtra Rent Control Act, 1999 relating to bona‑fide need, demolition and rent default. The trial and appellate courts granted eviction decrees, finding the lan…

The original lease of a 99‑year term on a plot in Mumbai, used for a cotton mill, later vested in a charitable trust. After the lease expired, Podar Mills occupied the premises as a protected tenant under the Bombay Rents Act. The Textile Undertakings (Nationalisation) Act, 1995 vested the statutory tenancy rights in t…

The State of Maharashtra, as landlord, obtained a decree of ejectment against M/s Super Max International, the tenant, under sections 13(3)(a) and 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, on grounds of tax defaults and the landlord's bona‑fide need. The High Court stayed execution …

The petitioners, legal heirs of the deceased Balkrishna Rama Tarle, claimed tenancy rights over part of a mortgaged property and challenged the District Magistrate's refusal to assist the secured creditor, Phoenix Arc Private Limited, in taking possession under Section 14 of the SARFAESI Act. The magistrate had conditi…

The dispute arose from an eviction suit where the parties compromised, obligating the defendants to vacate the premises by a specified date and pay mesne profits for delay. The defendants failed to vacate, prompting the plaintiff to file an execution application which the executing court dismissed the defendants' objec…

The landlord filed a suit for eviction of tenants occupying an open plot in Pune. The tenants contended that the Pune Municipal Corporation had acquired the land under the Land Acquisition Act, 1894, and that an award passed by the Special Land Acquisition Officer had divested the landlord of any right, title or intere…

The landlords sought eviction of Oriental Insurance Company Ltd. (OIC) from premises in Thane, arguing that OIC, a Government company under Section 617 of the Companies Act, 1956, was exempt from protection under Section 3(1)(b) of the Maharashtra Rent Control Act, 1999. The High Court held that Government companies we…

The appellant, Depot Superintendent HP Corporation Ltd., held a lease for a petrol pump in Kolhapur that expired in December 1989. It claimed renewal for 30 years under Section 7(3) of the Caltex (Acquisition of Shares of Caltex) Oil Refining Act, 1977, asserting that the renewal was automatic. The respondent, Kolhapur…

The appellant, a tenant, challenged the Bank of India's attempt to take possession of a mortgaged premises under the SARFAESI Act after the landlord defaulted on a loan. The Court examined whether Section 35 of the SARFAESI Act, a non obstante clause, could override the Maharashtra Rent Control Act, 1999 and allow the …

The appellant, Banatwala & Co., a tenant of premises owned by Life Insurance Corporation of India (LIC), sought fixation of standard rent and restoration of essential services under the Maharashtra Rent Control Act, 1999 after the landlord raised rent and failed to repair a lift. The respondents argued that the premise…

HDFC Bank granted a loan to borrowers who mortgaged a flat as security. When the borrowers defaulted, the bank issued a notice under Section 13(2) of the SARFAESI Act to take possession of the secured asset. The appellant, Hemraj Ratnakar Salian, claimed to be a tenant of the flat since June 2012 and sought protection …

The Supreme Court examined several civil appeals and a writ petition challenging Section 3(1)(b) of the Maharashtra Rent Control Act, 1999, which exempts premises let to government, banks, public sector undertakings, foreign missions, multinational companies and private/public limited companies with a paid‑up share cap…

The Central Bank of India, a tenant, faced eviction proceedings initiated by the landlords under the Bombay Rents Act, which were initially dismissed in its favour. After the Maharashtra Rent Control Act, 1999 came into force, the landlords invoked Section 3(1)(b) to terminate the tenancy, leading to a suit in the Smal…

FGP Ltd., a public limited company, occupied a flat in Mumbai under a tenancy agreement dated 16‑07‑1981. The legal representatives of the original owner filed a suit for possession under the Bombay Rent Act, 1947, claiming reasonable and bona‑fide requirement; the Small Causes Court, the appellate authority and the Hi…

The Supreme Court examined who must lead evidence first in eviction proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. New India Assurance Company Ltd., a State under Article 12, sought to evict tenants NUSLI Neville Wadia and others from a building it owned. The dispute centered on w…

The Bombay Port Trust (BPT), an instrumentality of the State, engaged consultants to value its land and proposed a massive rent revision for its lessees, issuing notices of termination and higher rent. Lessees challenged the revision as arbitrary and violative of Article 14, leading a Single Judge to strike down the no…

The appellant, a landlord, sought to evict a tenant occupying a flat owned by his father under a licence agreement with a company that later went into winding up. While the eviction suit was pending, the appellant applied under section 446 of the Companies Act, 1956 for the court's permission to continue the suit again…

The appellant, who claimed to be a tenant of a flat mortgaged by the borrower to Central Bank of India, sought to stay the bank’s possession of the secured asset under the SARFAESI Act. The bank had issued a notice under Section 13(2) of the SARFAESI Act and obtained an order under Section 14 for physical possession. T…

Dr. Suhas H. Pophale occupied a flat in the Indian Mercantile Mansion under a leave‑and‑license agreement dated 20‑12‑1972, which was later deemed a tenancy under Section 15A of the Bombay Rent Act (effective 1‑Feb‑1973). The premises became owned by Oriental Insurance Co. Ltd., a government‑owned company, on 1‑Jan‑197…

The landlords sued the tenants for eviction under sections 16(1)(c), 16(1)(e) and 16(1)(n) of the Maharashtra Rent Control Act, alleging illegal sub‑letting, nuisance from a food‑stuff business and non‑use of the premises as a book‑shop for more than six months before the suit. The trial court dismissed the suit, but t…

The Board of Trustees of the Port of Mumbai, as landlord, sued M/s Byramjee Jeejeebhoy Pvt. Ltd. (tenant) and its sub‑tenant Wadi Sunder Cotton Press Co. for eviction on the ground of unlawful sub‑letting under the Bombay Rent Act, 1947. The trial court and the High Court held that the sub‑lease breached the lease deed…

The petitioners, owners of two flats in Mumbai, allowed the Police Department to occupy the premises temporarily in 1940 without any written requisition order. The police paid a nominal rent until 2007 and then stopped, prompting the petitioners to file a writ petition under Article 226 seeking possession of the flats.…

Hindustan Organic Chemicals Ltd. (HOCL) occupied a premises leased from the Harchandrai family for over three decades before the landlords served a notice of termination in 2000 and obtained an eviction decree. After a protracted litigation spanning more than 25 years, the Supreme Court examined the appropriate per‑squ…

Carona Ltd., a public limited company with paid‑up share capital exceeding Rs. 1 crore, was let a premises by a partnership landlord. After defaulting on rent, the landlord gave notice terminating the tenancy on 31 March 2001 and filed an eviction suit. While the suit was pending, the tenant passed a resolution to redu…

The National Textile Corporation Ltd. (NTC) occupied premises that were originally leased to Poddar Mills, a textile undertaking taken over by the Central Government under the Textile Undertakings (Nationalisation) Act, 1995. The owners of the premises filed an eviction suit under the Maharashtra Rent Control Act, 1999…

Crawford Bayley & Co., a firm of advocates, challenged the termination of its tenancy in a bank‑owned building and the subsequent show‑cause notice issued by an Estate Officer under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. The firm argued that Section 3 of the Act and its second proviso, whic…

The Central Bank of India, as landlord, obtained an eviction order against N.R.C. Ltd., a tenant occupying its premises. The Supreme Court, after dismissing the tenant's special leave petition, granted the landlord time until December 2014 to regain possession, conditioned on the tenant filing an undertaking and paying…

The appellants, who were tenants of premises mortgaged to banks, challenged the seizure of those premises by the secured creditors under the SARFAESI Act. The Supreme Court examined whether a lease made by the mortgagor, either before or after the mortgage, remains valid and binding on the secured creditor, and whether…

The Parsee Girls' School Association, a public trust, leased two floors of its school building to New India Assurance Company Ltd. (NIAC) in 1954. NIAC sub‑let the premises to the Ministry of Food and Civil Supplies, Government of Maharashtra in 1959 without the trust's consent. The trust sought recovery of possession …

Bharat Petroleum Corporation Ltd (BPCL) entered into a Dispensing Pump and Selling Licence (DPSL) agreement with Chembur Service Station, appointing it as a dealer to sell BPCL's petroleum products. After a surprise inspection revealed alleged manipulation of a dispensing unit, BPCL issued a show‑cause notice and subse…